PURPOSE: This rule establishes the criteria for offset of disability benefits against Workers’ Compensation benefits.

If an applicant for disability benefits is receiving or may become eligible to receive weekly temporary total disability benefits or continuous permanent total disability benefits, the disability benefits to be received from the retirement system shall be decreased by the amount paid to the employee as Worker’s Compensation benefits. If the employee receives a lump sum settlement from Workers’ Compensation for loss or injury, this amount will not be offset against any disability benefits received from the retirement system.

AUTHORITY: sections 104.110, RSMo Supp. 1995 and 104.210.2 and 536.023.3, RSMo 1994.* Emergency rule filed Aug. 18, 1995, effective Aug. 28, 1995, expired Feb. 23, 1996. Original rule filed Aug. 18, 1995, effective Feb. 25, 1996.

*Original authority 104.110, RSMo 1955, amended 1961, 1969, 1972, 1976, 1979, 1984, 1986, 1988; 104.210, RSMo 1955, amended 1983, 1988; and 536.023, RSMo (1975), amended 1976.